Originally heard on March 9 by the Senate Commerce, Labor and Energy Committee, the bill was voted on April 3 and passed out of the committee to the Assembly Commerce and Labor Committee where it was first heard on March 6. The Nevada Constitution defines how an employee is classified and requires employers to pay a minimum wage to each employee. Bill SB224 states that a person is considered an independent contractor if certain conditions are met. Some of these include:
- the person possesses or has applied for an employer identification number or social security number or has filed an income tax return for a business or earnings from self-employment with the Internal Revenue Service in the previous year;
- the person is required to hold a business license; and
- the person satisfies three or more of the following criteria: the person has control and discretion over the means and manner of the performance of any work and the result of the work; the person has control over the time the work is performed; the person is not required to work exclusively for one principal; the person is free to hire employees to assist with the work; and the person contributes a substantial investment of capital such as ordinary tools, material and equipment.
A copy of Bill SB224 is available online: http://www.leg.state.nv.us/Session/78th2015/Bills/SB/SB224_R1.pdf
Autobody News will continue to follow this story and report on the result of the vote by the Nevada Assembly.